Perryville chief candidate disqualified for unpaid taxes

PERRYVILLE, Mo. -- What began as a three-way race for city marshal has dropped down to two candidates after less than $35 in unpaid personal property taxes disqualified one of the men running for the vacancy.

Sgt. Brad A. Pitts of the Perryville Police Department filed Dec. 17 as a candidate for city marshal, running against Lt. Direk Hunt and city code enforcement officer Joe Martin, city records show.

Under state law, no one can be certified as a candidate for municipal office or appear on the ballot who is in arrears for city taxes or municipal user fees on the last day to file a declaration of candidacy.

In preparing candidates' certification to send to the county clerk's office, Perryville City Clerk Tracy Prost discovered Pitts owed the city $32.21 in personal property taxes, she said Wednesday.

"I don't make the rules; I just have to follow them," Prost said.

County Clerk Randy Taylor said when candidates file to run for county offices, their declaration of candidacy includes a line stating all their taxes are paid.

Prost said at the time Pitts filed, his taxes were not delinquent.

She said the city sends out tax statements in November, and taxes are due by the end of December.

"He filed in December, so his taxes weren't past due in December," Prost said.

The filing period for the April 8 election closed Jan. 21.

City employees are required to keep up with their taxes, Prost said. If they fall behind, the city sends them a reminder, usually by February, she said.

"We'd send them a little note saying, 'Hey, guys, you're supposed to pay,'" Prost said.

Under state law, if Pitts is not qualified to be certified as a candidate, he cannot run as a write-in candidate, either.

Section 115.453 of the Missouri Revised Statutes states, in part: "No person shall file a declaration of intent to be a write-in candidate for election to any municipal office unless such person is qualified to be certified as a candidate."

Prost and Taylor said this is the first time they can remember seeing a local candidate disqualified as a result of delinquent taxes, although Taylor said it is a fairly common occurrence elsewhere.

"I hear of it all the time, throughout the state," Taylor said. "It happens a lot, but it's the first time I can recall it happening here."

Unusual election

Pitts' disqualification is the latest in a series of unusual occurrences related to the position he was seeking.

Because Perryville is organized as a fourth-class city, it must elect a city marshal to serve as police chief unless residents vote to convert the job to an appointed position.

In November, voters resoundingly rejected a ballot measure that would have done just that. Ken Baer, a vocal opponent of the measure, is running for mayor against incumbent Debbie Gahan.

Supporters of the ballot measure had argued that in practice, voters had no real voice in who would serve as chief, because the city hadn't had a contested race for marshal since 1993.

City leaders put the measure on the November ballot in the wake of the previous chief's departure.

Former police chief Keith Tarrillion resigned last spring amid allegations of misconduct.

Hunt was appointed to serve as interim chief until the end of Tarrillion's term.

Tarrillion's status as an elected official created headaches for the city.

An investigation into the claims raised questions about a 2010 police report concerning property damage to a hot tub and table at Tarrillion's home.

Tarrillion was arrested Nov. 1 on charges of theft, forgery and making a false report.

At a preliminary hearing Jan. 15 in Perry County Circuit Court, Associate Judge Gary Kamp dismissed the theft charge but said there was "more than sufficient evidence" to establish probable cause on the forgery charge.

On Dec. 17, Tarrillion's wife, Shannon, filed to run for Ward 2 alderman against incumbent Curt Buerck and fellow challenger Randy J. Leible.

Other candidates who have filed for city offices are Ward 1 Alderman Tom Guth, Ward 3 Alderman Prince Hudson, Municipal Judge Robert Hershey and City Collector Lori Carroll, all incumbents who are running unopposed.

Pitts was not immediately available for comment Wednesday.

epriddy@semissourian.com

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